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THE

NORTHWESTERN REPORTER

VOLUME 45,

CONTAINING

ALL THE DECISIONS OF THE SUPREME COURTS

OF

MINNESOTA, WISCONSIN, IOWA, MICHIGAN, NEBRASKA, NORTH DAKOTA, SOUTH DAKOTA. .

PERMANENT EDITION.

MAY 3-JULY 19, 1890.

ST. PAUL:
WEST PUBLISHING CO.

1890.

COPYRIGHT, 1890,

WEST PUBLISHING COMPANY.

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JUDGES

OF THE

COURTS REPORTED DURING THE PERIOD COVERED BY THIS W

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RULE 61. The party bringing a case into this court shall, in his brief, make a clear and concise statement of the case, and of the errors upon which he relies. The court will consider such statement sufficient and accurate unless the opposing party shall point out in his brief wherein the statement is insufficient or inaccurate. And the party bringing a case into this court shall print in his record, or in his brief, a complete index of the names of the witnesses whose testimony appears in such record, and the pages whereon the examination, cross, or re-examination is found, also the pages whereon any exhibit appears, and in cases at law the page of the record where any exceptions relied on may be found. [As amended July 2, 1890.]

RULE 63. In proceedings for mandamus, where an order to show cause has been made, the respondent must answer fully every material allegation of the petition; and every material averment not so answered may be taken admitted by the respondent to be true as alleged. And in case no answer is made and filed as required by such order, the court, upon due proof of service of the order, will award a peremptory mandamus as prayed for, or enforce obedience to the order by process for contempt. [Adopted July 2, 1890.]

For rule 62, see 18 N. W. Rep. xii.; for chancery rule 112, see 27 N. W. Rep. iii.; for rule 32, see 29 N. W. Rep. ill.; for rules 34, 50, see 37 N. W. Rep. ili.

NEBRASKA.

8. ORDER OF ORIGINAL CAUSES. Original cases will be placed on the calendar of assignments for the proper district, and will not be taken up out of their order, except upon a showing that important public interests require an earlier disposition of the case.

7. TIME FOR ORAL ARGUMENTS. In the oral arguments of a cause, the time allowed the parties on each side shall not exceed thirty minutes, unless for special reasons the court shall extend the time. Oral arguments on a motion will be limited to five minutes on a side.

8. NOTICE OF MOTION TO DISMISS. Neither motions to dismiss, unless for want of prosecution, nor to strike a bill of exceptions, will be heard, unless the notice thereof shall be served upon the opposite party or his attorney, or the attorney who tried the cause for him in the trial court, at or before the expiration of the time for serving briefs in the case. For rule 27, see 27 N. W. Rep. ill.; for rule 28, see 31 N. W. Rep. ill.

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